Comparative fault
- Statute:
- California §5985 · Chapter CIV-10 (Davis-Stirling Act Ch. 10 — Dispute Resolution and Enforcement)
- Topic:
- Governance & Powers · Comparative fault
- Applies to:
- HOA associations
In a construction-defect or damage action, comparative fault may be allocated among the association, the owners, and other parties as this section provides, so one side does not absorb 100 percent of a mixed-fault loss.
📄 Read the official text at leginfo.legislature.ca.gov →
How SoShiny helps with Comparative fault
SoShiny stores your bylaws and governing documents in a searchable library with role-based access, so the board sees one thing and members see another. Every edit is timestamped in the audit log — the documentation Florida regulators and a court expect when a board action is later questioned.
See the feature → Start freeFrequently asked
- What does California §5985 require?
- In a construction-defect or damage action, comparative fault may be allocated among the association, the owners, and other parties as this section provides, so one side does not absorb 100 percent of a mixed-fault loss.
- Who does California §5985 apply to?
- California §5985 applies to HOA associations in California.
- What happens if our CID doesn't comply with §5985?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for California community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of California §5985?
- The official text is published by the California Legislature at leginfo.legislature.ca.gov. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Comparative fault?
- SoShiny stores your bylaws and governing documents in a searchable library with role-based access, so the board sees one thing and members see another. Every edit is timestamped in the audit log — the documentation Florida regulators and a court expect when a board action is later questioned. Learn more →
Not legal advice. This page is a plain-English summary of California §5985 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a California-licensed attorney. For the official statutory text, see the link above.
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